Guard Dog off Duty

Eedra, proprietor of Barking Mad Equity for Pet Owners, has had to go away due to prolonged and unrelenting threats to her health, accommodation and livelihood by the man (and his agents) who defrauded her of property, superannuation and business back in 2004. At least Pema can laugh about it - don't we love our dogs' lives!

Therefore, the lobbying work of Barking Mad is suspended.  Individual cases for members will be reassigned as required. Court cases will be postponed as required.

Pema is now in a temporary home and doing great work with people - still.  Soon, she wll be reunited with me!

Eedra hopes to be able to return - when the legal system gets an injection of justice, when thugs work both ways or when an advocate comes along with enough guts and authority to say ENOUGH!  Or when karma reaches the white-collar criminal.

Check out past issues of the Bite for information on work Barking Mad has done.  And yes, we're still going Warringah for the Ultra Vires case.


BARKING MAD- EQUITY FOR PET OWNERS
PO Box 310, Woy Woy NSW 2256
skype: barking-mad
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Your membership of Barking Mad helped create a safe and pet-friendly society.
Make your donation now if you wish to help clear the debt:  Bendigo Bank; Barking Mad, BSB: 633-000, Account: 128910064

BARKING MAD IS AVAILABLE - TAKE IT OVER  - FOR DOGS' SAKE

Dangeous Dogs and children

SMALL CHILD WARNING

If you are an owner of a dog that belongs to a 'dangerous breed' category and you also have a child or a visiting small child please take this as a warning.

Don't leave your dog with a small child unattended under any circumstances!

Only one little moment was enough for this to happen.

Remember - maltese terriers and labrador retrievers have joined the list of dangerous dogs in NSW.

'Every dog has the potential to attack' or should we say every animal? Because the risk of harm to humans from humans FAR exceeds both the risk and real injuries caused by an interaction with a dog.

Feeding the hand that bites you

Are you renting your home? Do you have a pet? If so, then you are in the majority. More homes have pets than don't. Homes with pets are about double in number of homes with children, yet families with children make up the largest demographic of dog owners.

The real estate industry is slow to capitalise on this reality and 'no pets' is frequency seen in adds for rental homes. Many rental applications include questions about your pets. Legally, pets are no different than your TV, toaster or handbag. They are chattel - meaning property, legal property.

Each time a responsible tenant puts a case 'to have their pet' to a prospective landlord, including references for it or offering to pay an additional bond (the taking of which would be illegal), they are feeding the hand that bites them!

I know, it's hard when you need a home, love your pets and are an honest person and a good tenant - but letting someone decide if you are their suitable tenant has no more a relationship to your status as a pet owner, as it does to the brand of your toaster or the size of your TV!

So please, show that you are a responsible tenant, neighbour and pet owner by your actions, not by playing into the hands of the 'no pets allowed' brigdage or by letters written by people who happen to love your pet like you do.

In South Australia, NSW and most other states, there is no prohibition of pets in the residential tenancy laws - and why would there be? When renting, you gain a right to quiet enjoyment of the home for due consideration (rent) and you have a responsibility to act legally, take due care of the property and repair what you break or damage beyond reasonable wear and tear.

The Real Estate Institute of NSW has propagated a rental lease form used extensively and they have added a no pets clause as 'standard'. This is contrary to the residential tenancy law. We recommend you request your lease be based on the Act and Regulations, not the REI form.

We've started a case in NSW challenging the special conditions on a residential lease regarding a dog. This is based on contracting out the right to quiet enjoyment and/or the provision for normal wear and tear and/or a tenants' obligation to return the property in the same condition.

In South Australia, the tenancy tribunal can vary terms if they are found to be harsh or unconscionable. Of course, refusing pets in an otherwise pet suitable home with a good tenant is most unconscionable!

Good News for Renters with Pets

Is the often used 'no pets without permission' legally binding?

Did you know there is no such clause in legislation in NSW for residential rentals (excluding Strata Schemes)? That's right. It is a MADE UP CLAUSE - made up by the real estate institute.

• The law requires a tenant to keep the premises reasonably clean and not to cause a nuisance or annoyance.
• The law requires the landlord not to interfere with your reasonable peace, comfort or privacy.
  

If you have an agent or landlord telling you not to smoke inside, or not to have your pet, tell them they are contracting out and contact Barking Mad right away. If you are a good tenant, we can help.

Please see the members area for how to get the rental agreement in the legislation, not the made up one.

by-laws: keep the dog!

The NSW CTTT Strata Division ruled in favour of keeping 'Oscar' at a unit in Coogee. It was a tricky case where the body corporate twice refused 'permission' to keep a dog and then attempted to change the by-laws during the dispute to block our members' application.

The lesson to responsible pet owners is clear. Persist, do not surrender.

The Tribunal held that the refusal was not reasonable. It clearly ordered that just because there had 'never' been pets, and the refusal of pets has stood for decades, that was not a good enough reason to say NO PETS. In granting the owners' permission, common-sense orders were also made to appease the opposition such as entering or leaving the Strata by the most direct route and cleaning up as required in the common areas.

This is a significant ruling in NSW and we need to keep getting these issues before the tribunal and courts if we are going to accommodate our pets as our homes get smaller and our communities more densely populated. Members page on renting with pets and pets in strata. Read this judgment here.